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FL S1178

Bill

Status

Failed

4/30/2021

Primary Sponsor

Dennis Baxley

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • Prohibits the deposition of victims aged 17 or younger in cases involving human trafficking (s. 787.06), sexual battery (s. 794.011), and lewd or lascivious offenses against persons under 16 (s. 800.04), unless parties agree or a court grants approval
  • Courts may only approve such depositions upon finding the victim's testimony is necessary for trial, the evidence is not reasonably available by other means, and the probative value outweighs the potential detriment to the victim
  • Requires the court to issue a protective order and appoint an attorney for the victim if a deposition is approved, and prohibits the defendant from being physically present at the deposition unless agreed to by the parties or ordered by the court for good cause
  • Designates victims aged 17 or younger in these cases as "sensitive witnesses," requiring the deposing party to consult with all parties and the victim on terms before proceeding, and grants victims the right to have counsel and a victim advocate present during the deposition
  • Prohibits self-represented defendants from directly deposing a victim, requiring the court to appoint counsel for the defendant for that purpose; effective date of July 1, 2021

Legislative Description

Deposing Victims of Certain Offenses

Last Action

Died in Judiciary

4/30/2021

Committee Referrals

Judiciary2/18/2021

Full Bill Text

No bill text available